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MATTER OF SKINNER v. TOBIN PACKING CO., INC

Court of Appeals of the State of New York.
Sep 29, 1966

Order affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI and KEATING. Judge VAN VOORHIS concurs upon the following ground: The requirement outlined in the opinion of Matter of Marks v. Gray ( 251 N.Y. 90) that the business errand should have prompted the trip appears to have been overruled in Matter of Mahoney v. Stern Co. ( 9 N.Y.2d 931), which holds that it is sufficient if the journey on which the accident occurred was to serve both a business and a private object. Taking no part: Judge BERGAN.